January 5, 2011

California Court Rules Texts Can Be Searched Without Warrant

The California Supreme Court ruled Monday that police do not need a warrant to search a cell phone carried by someone under arrest.

The state court ruled 5-2 that US Supreme Court precedent affirms that police can search items found on defendants when they are arrested.

"Items," yes, to make sure they aren't carrying weapons or have illegal substances on them. Reading a person's text messages is no different from reading a person's mail. Policemen shouldn't be able to do that arbitrarily.